File Sharing and Copyrighted Materials

What is copyright infringement?

Under the Digital Millennium Copyright Act of 1998 (DMCA), downloading and/or
sharing of copyrighted material without permission of the copyright holder is
illegal. The DMCA requires that Internet Service Providers such as WWU take
steps to expeditiously remove or disable access to any copyrighted material
being shared illegally from within its network.

WWU Responsible Computing policy states: “All users of the computing systems
are to respect the rights of other computing users, respect the integrity of
the physical facilities and controls, and respect all pertinent copyright,
license, and contractual agreements.”

What is peer-to-peer (P2P) file sharing?

Peer-to-peer (P2P) is a file sharing technology that allows computing
devices to connect directly to multiple other computing devices to download or
share files. This is in contrast to client-server distribution where users
(clients) connect to a server to download files. P2P is a very efficient method
for sharing content. Two of the more popular P2P protocols are BitTorrent and
Gnutella.

P2P typically requires a software program (client) to be installed on a
personal computer to download or share files. Some examples of P2P clients
include uTorrent, Vuze, Tixati, and eMule. These clients connect to other
clients over the Internet and allow users to send files marked as "shared" to
other users, as well as to download copies of files that other users have
shared.

Why is P2P file sharing blocked on the campus wireless network?

File sharing programs aggressively use large quantities of available
bandwidth, which can cause slowdowns for others who use the network. Preventing
peer-to-peer protocols will improve wireless bandwidth availability, in
addition to protecting the university's network stewardship privilege, reducing
the number of Digital Millennium Copyright Act (DMCA) complaints, and
minimizing students' susceptibility to large fines or lawsuits from video,
audio, and print content providers.

What are the risks of P2P file sharing?

Because of its decentralized and unregulated nature, peer-to-peer file
sharing is often used to share copyrighted works that those sharing the works
do not have the right to share. However, it is important to remember that
peer-to-peer is not anonymous, not secret, and can be unsafe. Files shared over
the Internet can contain malware like viruses, worms, and Trojans. File-sharing
applications themselves, if not properly configured, can slow your
computer’s performance and share files and folders you do not intend to
share with others. Some of these applications may also install unwanted browser
toolbars and adware.

What if I have a legitimate need for P2P file sharing?

We know that there are legitimate reasons to use P2P file sharing that do
not involve copyrighted material. If you need to download files using a P2P
client, you can plug your laptop into one of several designated wired network
jacks in the Library. Visit the Circulation desk on the 2nd floor of Haggard
Hall for a network cable and directions to an available network jack.

Copyright violations on campus

The University does not monitor the content of your online activities.
However, there are companies and organizations (like the Recording Industry
Association of America, Warner Bros., Paramount, NBC, HBO, etc.) that locate
people who are downloading or distributing copyrighted materials.

Copyright violation is a serious crime, and you should research copyright
law if you want to know the possible legal consequences.

The University's procedure upon notification of a copyright infringement is:

You may be required to meet with the University judicial officer, which
may result in other ramifications.

The copyright holder may pursue civil actions resulting in large
fines.

ResTek's procedure upon notification of a copyright infringement is:

Your Internet connection is disabled.

You will be notified via myWestern email of the violation.

The incident is entered into the housing conduct system.

You will meet with your Resident Director to discuss the issue and
appropriate sanctions.

Subsequent violations will result in more serious penalties.

File sharing alternatives

There are many good sites available for downloading music, movies, and TV
shows; some for free and some that charge. Students who would like to pursue a
free solution for home use can consider the following programs. These programs
are just a few of the options available for students to consider - the
University neither endorses nor supports them.

Internet.org Text
Archive Provides links to thousands of classic books and other texts. A
host of the famous Project Gutenberg, one of the most ambitious projects to
store books which are no longer covered by copyright.

Pay-per-download

Rhapsody A digital music
service that lets you listen to whatever you want, whenever you want it.
With online music stores, you pay for every track or album, but Rhapsody
lets you listen to everything we’ve got for one low monthly price.